IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21st DAY OF MARCH, 2019 BEFORE THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION NO.12909/2019 (EDN-RES) BETWEEN:
DR. VARSHITHA G.R., AGED 25 YEARS, D/O SRI G.R.RATHNAMAIAH SETTY, R/O NO.2326A, NEW NO.26, 1ST FLOOR, 3RD MAIN ROAD, R.P.C. LAYOUT, NEAR PARK VIJAYANAGAR, BENGALURU-560 040.
... PETITIONER (BY SRI JAGADISH BALIGA N., ADVOCATE) AND:
1. THE STATE OF KARNATAKA DEPARTMENT OF EDUCATION, M.S.BUILDING, BENGALURU-560 001.
REP. BY ITS SECRETARY TO MEDICAL EDUCATION 2. THE CENTRALISED COUNSELING FOR ADMISSION TO PG MEDICAL AND DENTAL COURSE, MEDICAL EDUCATION DEPARTMENT, BENGALURU-560 003.
REP. BY ITS COMMISSIONER 3. THE EXECUTIVE DIRECTOR KARNATAKA EXAMINATION AUTHORITY, SAMPIGE ROAD, 18TH CROSS, MALLESHWARAM, BENGALURU-560 003.
4. THE ADMINISTRATOR KARNATAKA EXAMINATION AUTHORITY, SAMPIGE ROAD, 18TH CROSS, MALLESWARAM, BENGALURU-560 003.
5. THE COMMISSIONER DEPARTMENT OF PUBLIC INSTRUCTIONS, SAMPIGE ROAD, MALLESWARAM BENGALURU-560 003.
6. THE BLOCK EDUCATION OFFICER OFFICER OF THE BLOCK EDUCATION, DEPARTMENT OF PUBLIC INSTRUCTION, NORTH DIVISION-I, RAJAJINAGAR, BENGALURU-560 010.
... RESPONDENTS (BY SMT. PRAMODHINI KISHAN, AGA FOR R1, 5 & 6 SRI N.K.RAMESH, ADVOCATE FOR R2, 3 & 4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE DIRECTIONS TO THE R-3 TO CONSIDER THE EDUCATIONAL RECORD PERTAINING TO THE PARENTS OF THE PETITIONER AND ANNEXURE-H THE CERTIFICATE DATED 18.03.2019 ISSUED BY THE TAHASILDAR WHILE VERIFYING THE EDUCATIONAL RECORDS OF THE PETITIONER OF THE CENTRALIZED COUNSELING TO PG MEDICAL (KEA) FOR THE ACADEMIC YEAR 2019-2020.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THIS COURT MADE THE FOLLOWING:
ORDER The petitioner is an aspirant candidate to appear for the Centralized Counseling to PG Medical Courses (KEA) for the academic year 2019-20 who is conferred with the Degree of Bachelor of Medicine and Bachelor of Surgery by the Rajiv Gandhi University of Health Sciences, Karnataka.
2. It is the contention of the petitioner that she belongs to Arya Vyasya Community of Hindu sect, which could be evidenced from the school records of the parents and certified by the Tahasildar, Bengaluru, wherein their mother tongue is shown as Telugu and they are treated to be Linguistic Minority. Accordingly, the petitioner seeks for a direction to the respondents to consider the certificates of her parents in the Centralized Counseling to PG Medical (KEA) to which she is prepared to appear on 23.03.2019.
3. The learned counsel for respondent No.3 would submit that the counseling has to be conducted in terms of the PGT guidelines prescribed. No certificate of the Tahsildar relating to mother tongue of the parents of the candidate would be considered to determine the mother tongue of the petitioner at this stage that too for the Centralized Counseling to PG Medical Courses (KEA).
4. The learned Additional Government Advocate appearing for respondent Nos.1, 5 & 6 supports the arguments of the learned counsel for respondent No.3.
5. Having heard the learned counsel for the parties and on perusal of the material on record, it is not in dispute that the petitioner is making efforts at this nth hour when the Centralized Counseling to PG Medical Courses (KEA) is scheduled on 23.03.2019 placing reliance on the certificate of the Tahsildar dated 18.03.2019 to establish that she belongs to a Linguistic Minority Community as her parents mother tongue is shown as Telugu. This certificate cannot be directed to be considered by respondent No.3 – Karnataka Examination Authority. The authorities concerned are obligated to conduct the counseling in terms of the Regulations / Rules / Guidelines prescribed. No additional document can be considered by the KEA at this stage to treat the petitioner belonging to a Linguistic Minority Community. Hence, the request of the petitioner at this juncture cannot be countenanced.
6. For the aforesaid reasons, writ petition stands dismissed.
It is needless to mention that the candidature of the petitioner shall be considered in the general merit category subject to compliance of other procedure prescribed by the authorities concerned.
Sd/- JUDGE PB